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Articles 1 - 30 of 38
Full-Text Articles in Law
The Future Of Apologies, Aaron Lazare
The Future Of Apologies, Aaron Lazare
New England Journal of Public Policy
Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.
Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan
Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan
South Carolina Law Review
No abstract provided.
Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry
Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry
Indiana Journal of Global Legal Studies
La conception Am6ricaine de la Laĭcité consists principally of a constitutional norm-the nonestablishment norm-and of the laW that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment norm forbids government-both the national government and state government-to "establish" religion. American laYcit6 also consists of what we may call "the morality of liberal democracy. " My aim in this essay is to explain why religion in politics does not violate American laYcit6; more specifically, my aim is to explain why political reliance on religiously grounded morality violates neither the nonestablishment norm nor the morality of liberal …
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
Journal of Dispute Resolution
The question addressed in this article is whether existing systems for processing religious land use claims are well-suited to the task. The conclusion is that they are not, and that local officials and others involved in religious land use disputes ought to consider employing mediation at an early stage. The main virtue of mediation in this context is the opportunity it provides for disputants to meet face-to-face in an effort to understand the views of others, even if they do not agree with them. Facilitated dialogues among persons with differing perspectives is precisely what is missing from the traditional systems …
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
American University Law Review
No abstract provided.
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Human Rights & Human Welfare
© Peter Fitzpatrick. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Religion, Conflict And Peace, David Little
Religion, Conflict And Peace, David Little
Case Western Reserve Journal of International Law
No abstract provided.
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
NYLS Law Review
No abstract provided.
When Bad Books Happen To Good People: Robert Nelson's Economics As Religion, Fred S. Mcchesney
When Bad Books Happen To Good People: Robert Nelson's Economics As Religion, Fred S. Mcchesney
Case Western Reserve Law Review
No abstract provided.
Environmentalism: Postmodern Evangelism Or Unitarianism, Dan Tarlock
Environmentalism: Postmodern Evangelism Or Unitarianism, Dan Tarlock
Case Western Reserve Law Review
No abstract provided.
Reconceptualizing Federalism, Erwin Chemerinsky
Symposium - Understanding Economics Through Theology: Reflections On Robert Nelson's Economics As Religion - Introduction: Thinking About Economics As Religion, Andrew P. Morriss
Symposium - Understanding Economics Through Theology: Reflections On Robert Nelson's Economics As Religion - Introduction: Thinking About Economics As Religion, Andrew P. Morriss
Case Western Reserve Law Review
No abstract provided.
High Priests And Lowly Philosophers: The Battle For The Soul Of Economics, Peter J. Boettke, Christopher J. Coyne, Peter T. Leeson
High Priests And Lowly Philosophers: The Battle For The Soul Of Economics, Peter J. Boettke, Christopher J. Coyne, Peter T. Leeson
Case Western Reserve Law Review
No abstract provided.
Economic Salvation In A Restive Age: The Demand For Secular Salvation Has Not Abated, Steven J. Eagle
Economic Salvation In A Restive Age: The Demand For Secular Salvation Has Not Abated, Steven J. Eagle
Case Western Reserve Law Review
No abstract provided.
A Theology Of The Market: Robert Nelson's Economics As Religion, Charles H. Nalls
A Theology Of The Market: Robert Nelson's Economics As Religion, Charles H. Nalls
Case Western Reserve Law Review
No abstract provided.
Economics As A Science: Robert Nelson's Economics As Religion, Thomas S. Ulen
Economics As A Science: Robert Nelson's Economics As Religion, Thomas S. Ulen
Case Western Reserve Law Review
No abstract provided.
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Seattle University Law Review
Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.
Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber
Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber
Fordham Law Review
No abstract provided.
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver
Fordham Law Review
No abstract provided.
Families, Associations, And Political Pluralism, William A. Galston
Families, Associations, And Political Pluralism, William A. Galston
Fordham Law Review
No abstract provided.
Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer
Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer
Fordham Law Review
No abstract provided.
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
God V. The Mitigation Of Damages Doctrine: Why Religion Should Be Considered A Pre-Existing Condition, Jennifer Parobek
Journal of Law and Health
According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United State's total population. . . Unfortunately, even though the First Amendment of the United States Constitution was designed on our founders' beliefs that religious freedom …
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Seattle University Law Review
The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …
Beyond Economics As Religion, Peter J. Hill
Beyond Economics As Religion, Peter J. Hill
Case Western Reserve Law Review
No abstract provided.
The Progressive Environmental Gospels Versus Classical Liberalism, Fred L. Smith Jr.
The Progressive Environmental Gospels Versus Classical Liberalism, Fred L. Smith Jr.
Case Western Reserve Law Review
No abstract provided.
Economics As Religion: A Reply To The Commenters, Robert H. Nelson
Economics As Religion: A Reply To The Commenters, Robert H. Nelson
Case Western Reserve Law Review
No abstract provided.
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.